13228 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Proposed Rules 

testing and cannot perform the essential 

functions of the job; or 

(3) It is determined that the individual 

poses a direct threat to self or others. 

(e) The Designated Physician will 

provide written work restrictions to the 

affected SPO/SO and PF management. 

PF management must approve and 

implement site-specific plans to ensure 

confidentiality of PF medical 

information. This plan must permit 

access to only those with a need to 

know the information and must identify 

those individuals by organizational 

position or responsibility. The plan 

must adhere to all applicable laws and 

regulations, including but not limited to 

the Health Insurance Portability and 

Accountability Act of 1996 (HIPAA), the 

Family and Medical Leave Act of 1993 

(FMLA), and the ADA, as amended by 

the ADAAA. 

§ 1046.21 Materials incorporated by 

reference. 

(a) General. DOE incorporates by 

reference the following standards into 

part 1046. The material has been 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552a and 1 

CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material will be 

incorporated as it exists on the date of 

the approval and a notice of any change 

to the material will be published in the 

Federal Register. All approved material 

will be available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, this material 

will be available for inspection at U.S. 

Department of Energy, Office of Health, 

Safety and Security, 1000 Independence 

Ave. SW., Washington, DC 20585. 

Standards can be obtained from the 

sources below. 

(b) ANSI. American National 

Standards Institute, 25 W. 43rd St., 4th 

Floor, New York, NY 10036, 212–642– 

4900, or go to http://www.ansi.org. 

(1) ANSI/ASA S3.6–2010 (‘‘ANSI 

S3.6’’), American National Standard 

Specification for Audiometers, 

approved 2010; IBR approved for 

§ 1046.13. 

(2) [Reserved]. 

[FR Doc. 2012–5280 Filed 3–5–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0188; Directorate 

Identifier 2011–NM–120–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (Operations) Limited 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all BAE 

SYSTEMS (Operations) Limited Model 

4101 airplanes. This proposed AD was 

prompted by reports of cracking found 

in the wing rear spar. This proposed AD 

would require a one-time detailed 

inspection for cracks, corrosion, and 

other defects of the rear face of the wing 

rear spar, and repair if necessary. We are 

proposing this AD to detect and correct 

cracking in the rear spar, which could 

propagate to a critical length, possibly 

affecting the structural integrity of the 

area and resulting in a fuel tank rupture, 

with consequent damage to the airplane 

and possible injury to its occupants. 

DATES: We must receive comments on 

this proposed AD by April 20, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact BAE 

SYSTEMS (Operations) Limited, 

Customer Information Department, 

Prestwick International Airport, 

Ayrshire, KA9 2RW, Scotland, United 

Kingdom; telephone +44 1292 675207; 

fax +44 1292 675704; email 

RApublications@baesystems.com; 

Internet http://www.baesystems.com/

Businesses/RegionalAircraft/index.htm. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

425–227–1175; fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0188; Directorate Identifier 

2011–NM–120–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2011–0096, 

dated May 25, 2011 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Four cracks were found on a wing rear spar 

by an operator during a fuel leak 

investigation. The cracks were located 

between ribs 6 and 7, immediately inboard of 

the inboard engine rib. The cracks initiated 

at adjacent fastener bores in the rear spar 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Proposed Rules 13229 

upper boom and progressed downwards, 

diagonally, into the rear spar web. 

Such cracking in the rear spar, if not 

detected and corrected, could propagate to a 

critical length, possibly affecting the 

structural integrity of the area and/or 

resulting in a fuel tank rupture, and 

consequent damage to the aeroplane and 

injury to its occupants. 

For the reasons described above, this 

[EASA] AD requires a one-time [detailed] 

inspection [for cracks, corrosion, and other 

defects] of the rear face of the wing rear spar 

and the accomplishment of the associated 

corrective actions [i.e., repair], depending on 

findings. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

BAE SYSTEMS (Operations) Limited 

has issued Alert Service Bulletin J41– 

A57–029, dated May 6, 2011; and 

Subject 57–00–00, Wings General, of 

Chapter 57, Wings, of the Jetstream 

Series 4100 Structural Repair Manual, 

Volume 1, Revision 30, dated April 15, 

2007. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 3 products of U.S. registry. 

We also estimate that it would take 

about 25 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$6,375, or $2,125 per product. 

We have received no definitive data 

that would enable us to provide a cost 

estimates for the on-condition actions 

(repairing cracks, corrosion, and defects) 

specified in this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

BAE SYSTEMS (Operations) Limited: Docket 

No. FAA–2012–0188; Directorate 

Identifier 2011–NM–120–AD. 

(a) Comments Due Date 

We must receive comments by April 20, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to BAE SYSTEMS 

(Operations) Limited Model 4101 airplanes, 

certificated in any category, all models, and 

all serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57: Wings. 

(e) Reason 

This AD was prompted by reports of 

cracking found in the wing rear spar. We are 

issuing this AD to detect and correct cracking 

in the rear spar, which could propagate to a 

critical length, possibly affecting the 

structural integrity of the area and resulting 

in a fuel tank rupture, with consequent 

damage to the airplane and possible injury to 

its occupants. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Detailed Inspection and Repair 

Within 300 flight hours after the effective 

date of this AD, or before further flight if a 

fuel leak is detected in the vicinity of a wing 

rear spar, whichever occurs first: Do a 

detailed inspection for cracks, corrosion, and 

other defects (defects include scratches, 

dents, holes, damage to fastener holes, or 

damage to surface protection and finish) of 

the rear face of the wing rear spars, in 

accordance with the Accomplishment 

Instructions of BAE SYSTEMS Alert Service 

Bulletin J41–A57–029, dated May 6, 2011. 

(1) If any cracking, corrosion, or other 

defect is found to be within the criteria 

defined in Subject 57–00–00, Wings General, 

of Chapter 57, Wings, of the Jetstream Series 

4100 Structural Repair Manual, Volume 1, 

Revision 30, dated April 15, 2007: Before 

further flight, repair the damage, in 

accordance with the repair instructions 

specified in Subject 57–00–00, Wings 

General, of Chapter 57, Wings, of the 

Jetstream Series 4100 Structural Repair 

Manual, Volume 1, Revision 30, dated April 

15, 2007. 

(2) If any cracking, corrosion, or other 

defect is found exceeding the criteria as 

specified in Subject 57–00–00, Wings 

General, of Chapter 57, Wings, of the 

Jetstream Series 4100 Structural Repair 

Manual, Volume 1, Revision 30, dated April 

15, 2007: Before further flight, repair the 

condition, in accordance with a method 

approved by the Manager, International 


srobinson on DSK4SPTVN1PROD with PROPOSALS
13230 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Proposed Rules 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, or EASA (or its delegated 

agent). 

(h) Reporting 

Submit a report of the findings of the 

inspection required by paragraph (g) of this 

AD, including a report of no defects, to BAE 

SYSTEMS (Operations) Limited, Customer 

Information Department, Prestwick 

International Airport, Ayrshire, KA9 2RW, 

Scotland, United Kingdom; telephone +44 

1292 675207; fax+44 1292 675704; email 

RApublications@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm, at the applicable 

time specified in paragraph (h)(1) or (h)(2) of 

this AD. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone 425–227–1175; fax 425–227– 

1149. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: A federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(j) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0096, dated May 25, 2011, 

and the service information specified in 

paragraphs (k)(1) and (k)(2) of this AD; for 

related information. 

(1) BAE SYSTEMS Alert Service Bulletin 

J41–A57–029, dated May 6, 2011. 

(2) Subject 57–00–00, Wings General, of 

Chapter 57, Wings, of the Jetstream Series 

4100 Structural Repair Manual, Volume 1, 

Revision 30, dated April 15, 2007. 

Issued in Renton, Washington, on February 

27, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–5379 Filed 3–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0189; Directorate 

Identifier 2011–NM–133–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (OPERATIONS) LIMITED 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

BAE SYSTEMS (OPERATIONS) 

LIMITED Model BAe 146 and Avro 146– 

RJ airplanes. This proposed AD was 

prompted by a report of a crack found 

on the left-hand sidewall well on the 

nose landing gear (NLG). This proposed 

AD would require performing a 

repetitive high frequency eddy current 

inspection of the stiffeners on the lefthand sidewall on the NLG gear bay for 

cracks, and repair or replace the 

sidewall if necessary. Replacing the 

sidewall with a certain sidewall part 

number constitutes a terminating action 

for the repetitive inspections. We are 

proposing this AD to detect and correct 

failure of the sidewall, which could 

result in consequent in-flight rapid 

decompression of the cabin and injury 

to the passengers. 

DATES: We must receive comments on 

this proposed AD by April 20, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact BAE 

SYSTEMS (OPERATIONS) LIMITED, 

Customer Information Department, 

Prestwick International Airport, 

Ayrshire, KA9 2RW, Scotland, United 

Kingdom; telephone +44 1292 675207; 

fax +44 1292 675704; email 

RApublications@baesystems.com; 

Internet http://www.baesystems.com/ 

Businesses/RegionalAircraft/index.htm. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 


srobinson on DSK4SPTVN1PROD with PROPOSALS